Levy v. Popper
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lazanis Levy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 9th day of January, 3905, upon the dismissal of the complaint by direction of the. court after a trial at the New York Trial Term, and also from an order entered in said clerk’s-effice on the 27th day of January, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The plaintiff is the surviving partner of the firm of Levy & Co., stockbrokers in the city of New York. On the 23d of September, 1889, that firm bought 100 shares of the Anniston Land Company stock for the' defendant and paid theréfor the sum of $6,725. Immediately after the purchase the plaintiff forwarded to the defendant a notice thereof' and a statement of the amount due, which statement was retained without objection. It is alleged in the complaint that on or about the 28th of August, 1899, in consideration of the foregoing facts, the defendant promised in writing to pay…
2Cases cited2 opinions
- Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
- Benedict v. SlocumAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Hegstad v. WysieckiAppellate Division of the Supreme Court of the State of New York · 1917